Trade Union – Registration – Labour Law I – Law School Notes

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  • Section 4 – Mode of registration – Any seven or more members of a Trade Union may, by subscribing their names and complying with the provisions of this Act with respect to registration, apply for registration of the Trade Union.
  • Section 5 – Every application for registration of a Trade Union shall be made to the Registrar of Trade Unions, and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars, namely:– (a) the names, occupations and addresses of the members making the application; (b) the name of the Trade Union and the address of its head office; and (c) the titles, names, ages, addresses and occupations of the of the Trade Union.
  • Section 6 – Among other things, the rules should provide for the following matters –
    • the whole of the objects for which the Trade Union has been established;
    • the admission of ordinary members who shall be persons actually engaged or employed in an industry with which the Trade Union is connected;
    • the manner in which the rules shall be amended, varied or rescinded;
    • the manner in which the members of the executive and the other office-bearers of the Trade Union shall be appointed and removed;
  • Section 8 – The Registrar, on being satisfied that the Trade Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union by entering in a register the particulars relating to the Trade Union contained in the statement accompanying the application for registration, and issue a certificate of registration.
  • Section 10 – The certificate can be cancelled / withdrawn if the registrar finds that it was obtained through fraud or if the union becomes non-compliant with the registration requirements etc. A notice of two months with reasons in writing for cancellation need to be provided to the office bearers.
  • Unions are body corporates with perpetual succession and a common seal – just like a company. They can be amalgamated with other unions, dissolved, need to maintain account books that are open for inspection and can admit members in accordance with the Act.
  • The manner in which a Union may spend its funds corpus is specified under the Act (Section 15).
  • Section 17 – Criminal conspiracy in trade disputes. – No office-bearer or member of a registered Trade Union shall be liable to punishment for criminal conspiracy under the IPC, in respect of any agreement made between the members for the purpose of furthering any object of the Trade Union, unless the agreement is an agreement to commit an offence.
  • Section 18 – Immunity from civil suit in certain cases – No suit or other legal proceeding shall be maintainable in any Civil Court against any registered Trade Union or any office-bearer; or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person.
  • Section 21A – Disqualifications of office-bearers of Trade Unions. – A person shall be disqualified for being a member of the executive or any other office-bearer of a registered Trade Union if– (i) he has not attained the age of eighteen years, (ii) he has been convicted by a Court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release.
  • Section 22 – Proportion of office-bearers to be connected with the industry. – Not less than one-half of the total number of the office- bearers of every registered Trade Union shall be persons actually engaged or employed in an industry with which the Trade Union is connected.

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